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Shadow Lands
-Responding to Terrorism in the International Community-
The discussion is focused on the problematic relationship between a new level of threat from international terrorism, and international law as it is shaped today. A basis for the discussion is the assumption that international law does not provide applicable tools for an international counter terrorism.
The static focus on inter-state relations and wartime offences leaves a wide grey area where both international terrorism and counter terrorism can evolve in uncontrolled conditions. Matters are complicated further by the changing nature both of war and terrorism.
It is a “Shadow Lands” of sorts, where the demarcations between international terrorist and counter terrorist, as well as between combatant and non-combatant, could become blurred beyond distinction.
International law has come to rely on national legislation to take care of perpetrators of international terrorism. This dependency has created a situation where states not willing, or able, to stop terrorists operating from bases in their territory become safe havens.
There appears to be a change to this on the rise, but it is a change driven onwards by states powerful enough to take action, not the international community itself.
The underlying thesis is that international law needs to adapt to this new reality. The discussion attempts to answer the question how this can be achieved by examining the tools and conventions available today and discuss approaches and solutions to problems not covered by, or originating in, these. Finally, there is suggested a type model for a court on international terrorism as a constructive way to bring the situation under the control of the international community before either terrorism, or counter terrorism, spins out of hand.